Don’t make these COSTLY mistakes with your marketing photos

Let’s talk about copyright. Because this is an area where I see entrepreneurs making some of the biggest (and most costly) mistakes in their business. 

Did you know that it’s illegal to use someone else’s photos for any purposes related to your business without explicit, written permission from the original artist (photographer)?

Doing so is copyright infringement.  When a photo is taken, that photo is immediately considered copyrighted material, and the copyright belongs to the original artist/photographer who took the shot… regardless of whether or not an actual copyright protection is ever filed. 

But here’s the problem… 

While many business owners might already know the basics of copyright, they are unknowingly performing copyright infringement without even realizing it!

This is largely in part because the legalities of social media and digital marketing are constantly changing. But being unaware of these changes won’t protect you from lawsuits. 

So let me show you some the BIGGEST MISTAKES that entrepreneurs are currently making with their social media and marketing photos, and how to avoid them:

MISTAKE #1: USING PHOTOS FROM PINTEREST OR GOOGLE SEARCHES.

Did you know that it’s illegal to use someone else’s photos for any purposes related to your business without explicit, written permission from the original artist (photographer), as this is copyright infringement? When a photo is taken, that photo is considered copyrighted material that belongs to the original artist/photographer who took the shot, regardless of whether or not a copyright is ever actually filed.

Now, for those crafty entrepreneurs who know about Google’s “labeled for reuse” search capabilities… know that this method is no longer considered a “safe way” for finding images to use in your marketing. Here’s why: Many images popping up in those searches have already been illegally reposted and repurposed online without the original artists’ knowledge.

And you can actually be SUED and/or asked for back pay for using copyrighted images without the artist’s permission.

And I’ve seen this happen first-hand, as a marketing firm using the “labeled for reuse” searching system in Google was served with “Cease and Desist” letters and payment requests when some of these images were discovered on their clients’ websites, blog posts and newsletters.

(Pssssst… if you’re still thinking you might be able to “cheat the system” by continuing to use images illegally, know that there are many websites in place for artists to do quick online searches for the illegal use of their imagery, and even Google has a tool in place for this.)

TAKEAWAY #1: Make sure you have the rights to legally use any image being used for marketing purposes. This means taking your own photos, using stock images, or hiring a photographer to get custom social media and marketing photographs for your brand.

MISTAKE #2: SHARING PHOTOS FROM SOCIAL MEDIA SITES SUCH AS FACEBOOK AND INSTAGRAM, OR EVEN USING POPULAR MEMES IN YOUR MARKETING

For the same reasons as mentioned above, this still falls under Copyright Infringement.

Even though it’s common practice… If you share someone else’s photo to your own Facebook or Instagram page and TAG THEM in the post, this still falls under Copyright Infringement.

For real. And yes, even IF you use a 3rd party app such as Repost to do so.

While many social media sites still operate under a “gray-area” of copyright infringement, there are new developments and lawsuits happening daily.

In fact, there have been several noteworthy lawsuits lately that are addressing this very issue… like this one, this one, and many, many more.

In a nutshell, while you *might* still be able to get away with sharing others’ images on your social media sites, you are not legally permitted to use copyrighted material anywhere owned by you/your business. This means that, even though many people are doing this, you cannot LEGALLY include others’ photos, artwork, gifs or memes in/on your website, blog, newsletters, emails, print marketing, etc.

And where this gets even MORE tricky is that even if you can slide under the radar by reposting images on your social sites and dancing in this “legal gray area” of social media shares, according to this recent ruling you are not legally permitted to EMBED anyone else’s copyrighted material on your own website, blog or newsletters.

WHAT THIS MEANS FOR YOU:

if you have an “embed Instagram feed “ feature turned on for your website, blog or email newsletters going out, and are sharing other peoples’ images, graphics and quotes without their permission, you can now legally get in trouble for doing so!

But here’s how to safely and LEGALLY reshare others’ content on your own social media sites: GET THEIR PERMISSION. Just reach out to the content creator and ask if you can re-share their image on your own profile. And best practice (and common courtesy) also dictates that you not only tag them in the IMAGE when you reshare but also mention/tag their profile in the TEXT of your post, too. And if they say NO or ask you to pay a license fee first, follow their wishes.

TAKEAWAY #2: Stop using gifs and memes in your marketing, and ask for permission before reposting any others’ images and graphics (including popular quotes) on your social media sites. Or just use fresh content that YOU actually create yourself or pay for (stock imagery or custom photos).

MISTAKE #3: USING PHOTOS IN YOUR BUSINESS THAT INCLUDE LOGOS, TRADEMARKS, AND OTHERS’ ARTWORK.

I see this happen aaaaaaaall the time. And in most cases it’s simply because the entrepreneurs simply aren’t aware that it’s not legal to do so. But remember… claiming ignorance cannot save you from being sued.   

I live in a creative city, filled with sculptures and murals and other outdoor pieces of artwork. So it’s no wonder that many entrepreneurs ask me to take their branding photos in such colorful areas. However, even though these are public works of art, they are still copyrighted by the artist and may not be legally used in other businesses’ marketing purposes without explicit written permission from that artist. And had I not have warned them against the legalities of doing so, they might’ve gotten in trouble.

So here’s where things get tricky, and why it’s important to stay aware of the legalities of the imagery you’re using for your marketing purposes:

>>> Legally, you CAN take a photo of yourself standing in front of that awesome mural or wearing a NIKE logo shirt and post it to your PERSONAL Instagram account.

>>>But you CANNOT legally take a photo of yourself standing in front of that mural or wearing a NIKE logo shirt and use that image in a blog post on your business website.

BIG TAKEAWAY: When taking photos for your marketing and social media purposes, be aware of everything being SEEN in photos. Ensure that you and/or your models are not wearing clothing with logos or trademarks and there is no copyrighted/trademarked material visible in the background. 

Want to make sure you are getting the right kind of attention in your business? Hire a knowledgeable photographer like myself who specializes in getting brand photography for all your social media and marketing photography needs!

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